GSB INDUSTRIES

Terms of Use

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.gsbindustries.com (“Website”) and the services offered herein (“Services”) operated by GSB Industries (“GSB”, “us”, “we”, “our”). 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. 

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. 

Our Service may contain links to third-party websites or services that are not owned or controlled by GSB. 

GSB has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that GSB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or services. Changes 

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes change will be determined at our sole discretion. 

 

Relationship of Parties 

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. 

  

General Uses and Restrictions 

By accessing or using this site, you agree on behalf of yourself, and any entity or person on whose behalf you are accessing the site, to abide by these Terms. GSB permits use and access for lawful purposes only. If You do not agree with the Terms, you may not access site. The Terms apply to all visits and use of this site. 

  

Confidential Information 

When You access or use this site, you may be able to upload, download, receive, transmit, view, create, enter, access, post, share, display, or otherwise use or access information, documents, or other material that is confidential in nature (collectively “Confidential Information”). You agree to only use Confidential Information for lawful, Permitted Uses or as otherwise permitted by law. You agree to limit access to Confidential Information to only Your employees or agents who require access to such information for the Permitted Uses. 

In the event You or any of Your representatives are requested or required by any government or governmental agency or authority (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand, any informal or formal investigation by any government or governmental agency or authority or otherwise) to disclose any of the Confidential Information, You will immediately notify GSB. You agree to furnish only that portion of the Confidential Information, which You are advised is legally required. 

  

GSB’s Rights 

GSB grants to You a personal, limited, revocable, non-exclusive, non-transferable license to access and use the site solely for a Permitted Use and in accordance with these Terms. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the site, unless otherwise indicated, are owned, controlled, or licensed by GSB. You may not copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the site, names, logos, marks, or any other data or information provided on or through the sites in any way not expressly permitted by the Terms. GSB’s site is Copyrighted, All rights reserved. 

 

Prohibited Uses; Your Transmissions 

You may not use this site to send, upload, share, email, post, publish, edit, modify, or otherwise transmit material or information, or use information obtained in any manner that: (i) violates any applicable law or regulations; (ii) is false or misleading; (iii) is defamatory, libelous, offensive, obscene, harassing, threatening, abusive, or discriminatory, including on any basis protected by applicable federal, state or local law; (iv) violates or infringes on the intellectual property or privacy rights of any other person, including but not limited to rights arising from copyrights, trademarks, patents, or a person’s likeness; (v) constitutes unsolicited marketing efforts, including “junk email” “spam” or “chain letters”; (vi) interferes with or disrupts the performance of the GSB site or servers or systems used to host or operate the GSB site in any manner; (vii) collects or stores personal data of Registered Users or other users of the site;  (viii) attempts to circumvent or misuse the user authentication or security measures of the site; or (ix) otherwise violates any applicable law. 

Notwithstanding anything contained herein, this section is not intended to and does not supersede any applicable laws or separate written agreements between you and GSB that are signed by an authorized, to the extent such laws or agreements restrict or govern GSB use of confidential information provided as part of a business transaction. 

GSB is not responsible for screening, policing, editing, or monitoring Your or another User’s transmissions, submissions, and postings. Accordingly, GSB encourages its Users to use reasonable discretion and caution in submitting or reviewing any transmission or posting. Moreover, GSB does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by You or any other User. 

  

Your use of this site may be monitored, including the monitoring of usage levels, collection data and information, and to ensure compliance with applicable laws and agreements. Accordingly, if You access the site you acknowledge and consent to monitoring, collection and use practices. Please read our Privacy Policy for more information. 

  

Prohibition of Data Scraping & Web-Crawling 

Unless expressly permitted, all users of this site are expressly prohibited from using any tools, programs, robotic algorithms or products to scrape, crawl, extract, copy, collect or ‘mine’ any data or information. In the event of any breach of this Prohibition of Data Scraping and Web-Crawling, GSB reserves the right to immediately suspend or terminate any and all arrangements with you without notice (including any contracts or agreements) and take any and all necessary legal action and you may be held liable for any losses and damages, including legal fees, resulting from such breach. GSB further reserves the right, at its sole discretion, to block or limit access to the site from any individual or entity who we believes has violated this prohibition. 

 

Links to Other Sites 

GSB may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and services. These sites have not necessarily been reviewed and are maintained by third parties over which GSB exercises no control. Accordingly, GSB expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party. 

  

  

Disclaimer 

THIS SITE AND ALL INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. WE MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE. GSB MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE. GSB MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE SITE, OR ANY INFORMATION THEREIN, IS TO CEASE USE OF THE SITE. 

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT. 

 

Limitations of Liability 

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement. 

IN NO EVENT SHALL GSB E LIABLE, AND DISCLAIMS ALL LIABILITY, FOR ANY LOSSES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF OR ACESS TO THE SITE. TO THE EXTENT SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO SUCH DAMAGES. 

  

Indemnification 

You agree to defend, indemnify, and hold harmless GSB, its affiliates, officers, directors, employees, agents, licensors, clients, subcontractors,  from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to or arising from: (i) Your use of thesite, (ii) Your violation of the Terms; (iii) Your violation of any third party rights relating to or arising out of Your use of the site, or (iv) Your violation of any law or regulation relating to or arising out of Your use of or access to the site. 

  

Term and Termination 

The Terms shall take effect immediately upon: Your access to or use of the site after the Terms are posted, or if you have executed a separate agreement incorporating or referencing these Terms, the effective date of such agreement. This site is provided as a convenience to assist conducting of business. We reserve the right to modify, change, or disable the site or Your use of or access, at any time with or without notice. GSB shall not be liable for damages in connection with such terminations, disabling, modifications, or changes. By using the site, you agree to these Terms. 

  

Notices 

All notices, requests, demands or other communications to GSB required under this Agreement shall be made in writing and shall be deemed to have been duly given on the second day after mailing if mailed to the address below by certified mail, postage prepaid or via overnight carrier with delivery confirmation, and properly addressed to: 

GSB Industries  
Attn: Legal Department 
3020 Trotters Pkwy  
Alpharetta, GA 30004  

  

Additional Terms 

The Terms and any claims arising out of or relating to the Terms or Your use of the site shall be construed in accordance with and subject to the laws of the State of Georgia, without reference to its conflict of law principles. You hereby consent to the exclusive personal jurisdiction in any state or federal court or arbitral forum located in Georgia. If any provision of this Agreement is held to be invalid, void or unenforceable, all other provisions shall remain valid and be enforced and construed as if such invalid provision were never a part of this Agreement. The parties hereto agree that this Agreement will be governed by and construed in accordance with the laws of the State of Georgia without reference to its choice of law rules and as if wholly performed within the State of Georgia. Unless otherwise provided herein, any dispute, controversy or claim arising out of or relating to this Agreement shall be submitted to binding arbitration before the office of Judicial Arbitration and Mediation Services (“JAMS”), as the exclusive remedy. The parties agree to the exclusive jurisdiction of the state or federal courts of Georgia with respect to actions to enforce arbitration or an arbitration award, or any claims where arbitration is not permitted by law.  EACH PARTY TO THESE TERMS KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT THAT IT MAY CLAIM TO A JURY TRIAL ON ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS.  THESE TERMS MAY BE FILED AS A CONSENT BY THE PARTIES TO TRIAL BY THE COURT. 

You may not assign Your rights or obligations to any other person or entity without GSB prior written consent. If any provision (or part thereof) contained in the Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between you and GSB as result of the Terms or your use of this site. 

By submitting this form I agree to allow GSB Industries to contact me and to this site’s Privacy Policy and Terms of Use. Further, I agree to receive emails, calls and text messages (including automated and/or prerecorded communications) from GSB.